Special Notice / Hearing: 10-day newspaper, 300 ft
Vote Required: Majority
To: Honorable Board of Supervisors
From: Steve Monowitz, Director of Planning and Building
Subject: Public hearing regarding an Agricultural Preserve and a California Land Conservation (Williamson) Act Contract for 7000 Stage Road.
County File Number: PLN2024-00094 (Catuiza)
RECOMMENDATION:
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Public hearing for consideration of an Agricultural Preserve and California Land Conservation (Williamson) Act contract for Assessor’s Parcel Number (APN) 081-240-050.
A) Open public hearing
B) Close public hearing
C) Recommendation to:
1. Find the request to establish an Agricultural Preserve and execute a California Land Conservation (Williamson) Act contract at the subject property to be consistent with the County General Plan, Local Coastal Program, Planned Agricultural District/Coastal Development District, the California Land Conservation Act, and San Mateo County Land Conservation Act Uniform Rules and Procedures; and
2. Adopt a resolution establishing an Agricultural Preserve and authorizing execution of a California Land Conservation (Williamson) Act contract for a 151-acre parcel located at 7000 Stage Road (APN 081-240-050) in the unincorporated San Gregorio area of San Mateo County.
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BACKGROUND:
Proposal: The applicant, Rachel Catuiza, is requesting to establish an Agricultural Preserve and the execution of a California Land Conservation (Williamson) Act contract on a 151-acre parcel. The parcel is located on the east side of Stage Road at 7000 Stage Road, San Gregorio, CA 94074 (APN 081-240-050).
The parcel consists of approximately 4.3 acres of prime agricultural land located on the northeastern corner of the lot and approximately 146.7 acres of non-prime agricultural land and is undeveloped. The entire parcel is dedicated to cattle grazing, an agricultural use. The entire property is currently under lease for commercial cattle grazing.
Planning Commission Hearing: The Planning Commission considered the proposed Agricultural Preserve and California Land Conservation (Williamson) Act contract at its regularly scheduled public meeting on October 9, 2024, and recommended approval of the Agricultural Preserve and California Land Conservation (Williamson) Act contract.
Report Prepared By: Tiffany Gee, Project Planner, TGee@smcgov.org
Applicant: Rachel Catuiza
Owner: MoonRock 2023 LLC
Public Notification: Ten (10) day advanced notification for the hearing was mailed to property owners within 300 feet of the project parcel and a notice for the hearing posted in a newspaper (San Mateo County Times) of general public circulation on November 20, 2024.
Location: 7000 Stage Road, San Gregorio
APN: 081-240-050
Size: 151.00 acres
Existing Zoning: Planned Agriculture District/Coastal Development (PAD/CD)
General Plan Designation: Agriculture
Local Coastal Plan Designation: Agriculture
Sphere-of-Influence: N/A
Williamson Act: Not contracted; not within an Agricultural Preserve.
Existing Land Use: Commercial cattle grazing on fenced pastureland.
Water Supply: Pond on property and access to agricultural wells on adjacent parcels (APN 081-270-020 and 081-270-010), owned by the same owner. The agricultural wells were permitted with Coastal Development Permit Exemptions (CDXs), PLN2021-00401 and PLN2021-00402, respectively.
Sewage Disposal: None. No existing residential uses.
Flood Zone: Flood Zone X (Area of Minimal Flooding), pursuant to Federal Emergency Management Agency (FEMA), Flood Insurance Rate Map, Community Panels 06081C0260E, effective October 16, 2012, and 06081C0359F, effective August 2, 2017.
Environmental Evaluation: Categorically exempt from review under the California Environmental Quality Act (CEQA), pursuant to CEQA Guidelines Section 15317, Class 17 “Open Space Contracts or Easements,” which exempts the establishment of agricultural preserves, the making and renewing of open space contracts under the Williamson Act, or the acceptance of easements or fee interests in order to maintain the open space character of the area.
Setting: The subject parcel is located on the east side of Stage Road at 7000 Stage Road in San Gregorio, approximately 0.63 miles south of the intersection of Highway 84 and Stage Road. The property is adjacent to lands under Williamson Act contract to the north, east, and south. The parcel to the west is not under Williamson Act contract and is owned by the State of California. Adjacent lands to the northwest and west are undeveloped, lands to the south are similarly used for agricultural grazing, and lands to the northeast and east are developed with rural residential uses. The entire parcel is fenced with a pond located in the northern portion of the parcel.
DISCUSSION:
A. KEY ISSUES
1. Compliance with the General Plan:
The proposed Agricultural Preserve and Agricultural Land Conservation Act (LCA) Contract are consistent with the parcel’s General Plan Land Use Designation of “Agriculture.”
Policy 9.28 (Encourage Existing and Potential Agricultural Activities) seeks to encourage the continuance of existing agricultural and agriculturally related activities. Policy 9.31 (Protection of Agricultural Lands) seeks to apply methods which assist in the retention and expansion of lands with agricultural activities, such as density bonuses, and enforceable restrictions (e.g., easements, contracts, deed restrictions, or other appropriate methods).
Designating the parcel as an Agricultural Preserve and executing a LCA Contract in conformance with the California Land Conservation Act and San Mateo County Williamson Act Program for this property is consistent with these policies. The contract will restrict the use of the land to ongoing commercial agriculture, agriculturally related uses, and compatible uses in exchange for a property tax benefit that requires the property to be retained in agricultural production for the duration of the contract.
2. Compliance with Local Coastal Program (LCP) Policies:
The establishment of Agricultural Preserves and execution of LCA Contracts are not defined as development in the County’s Local Coastal Program. Thus, these actions are not subject to the issuance of a Coastal Development permit. Though no permit is needed, this request is consistent with Local Coastal Program agricultural policies, which seeks to preserve and protect rural areas in productive agricultural use, which the subject establishment of an Agricultural Preserve and Williamson Act Contract enrollment would achieve.
3. Compliance with Zoning Regulations:
The establishment of an Agricultural Preserve and request to execute a LCA Contract are consistent with the Planned Agricultural District and Coastal Development District regulations which seek to preserve and foster existing agricultural operations in order to keep the maximum amount of prime agricultural land and all other lands suitable for agriculture in agricultural production. As defined by the Zoning Regulations and Local Coastal Program policies, the property contains approximately 4.3 acres of prime agricultural land that would be placed under contract and continue to be in agricultural operation.
4. Compliance with the Williamson Act:
a. Agricultural Preserve Requirements
Consistent with the provisions of Government Code Section 51230, if a property owner wishes to enter into a Williamson Act contract, the property in question must be located in an Agricultural Preserve (AGP). An AGP shall not consist of less than 100 acres, unless the Board determines that an Agricultural Preserve of less than 100 acres is necessary due to the unique characteristics of the agricultural enterprises in the area, and that the establishment of preserves of less than 100 acres is consistent with the General Plan. Once included in the AGP, a landowner and the County may enter into a contract processed concurrently with the AGP application. The Board shall establish an AGP after a public hearing has been held on the matter and notice thereof given as provided in Section 6061 of the Government Code.
The applicant has requested the establishment of an Agricultural Preserve and Williamson Act contract. Establishing an agricultural preserve on the subject parcel is consistent with the County’s General Plan (“Agricultural” land use designation) since the parcel is larger than 100 acres and is capable of, and currently used for, cattle grazing, an agricultural use. The majority of the adjacent lands are within existing Agricultural Preserves and contain mostly nonprime land with a small portion of Class II prime agricultural soils located in the northeastern portion of the subject parcel and the parcel east of the subject parcel. The two parcels adjacent to the south are under common ownership.
b. Contract Application and Minimum Eligibility Requirements
As required by Uniform Rule 3 Application Procedure, the applicant has submitted a legal parcel description; site plan identifying parcel boundaries and agricultural use areas; location, size, and use of all existing buildings and structures; existing utilities; water courses; and water impoundments. The parcel has a recorded Certificate of Compliance Type B, COC92-0005, in accordance with Uniform Rule 3.A.2.b to prove parcel legality. Additionally, the Statement of Agricultural Uses, including gross parcel acreage, acreage of the grazing operation by heads of livestock and area grazed, and water sources was submitted and verified by staff. The compatible use calculations were not required as there are no compatible uses on the property.
Staff has reviewed the applicable documents for minimum eligibility requirements (see below). The application is compliant with the requirements and qualifies under Grazing as the agricultural use for the proposed contract.
The parcel is compliant with the minimum requirements that must be demonstrated by owners seeking a Williamson Act contract resulting from a viable commercial grazing operation in three of the five previous years, which the applicant has confirmed. The entire property is currently under a 10-year lease for commercial cattle grazing. The current lessee has been using the property for cattle grazing for the last three years. Prior to that, the property was known as Arata Ranch, a long-time cattle ranch.
c. Agricultural Uses
Approximately 151 acres of the site can support grazing operations. Currently, there are 40 heads of cattle rotated. This number fluctuates as some areas are steep and full of brush. The parcel is not irrigated.
d. Compatible Uses
There are no structures and no compatible uses on the parcel.
As required by Uniform Rule 2A Eligibility Requirements for Land Conservation Act Contracts, the percentage of a parcel’s total area used for compatible uses on contracted lands cannot exceed the percentage used for agricultural uses (e.g., crop production, grazing operation, and horse breeding) and the portion of the parcel used for compatible uses cannot exceed 25 % of the parcel size. Twenty-five % of the 151-acre project parcel is approximately 37.75 acres. The entire parcel is dedicated to agricultural use with no compatible use area, so this project is compliant.
B. ENVIRONMENTAL REVIEW
The project is categorically exempt from the California Environmental Quality Act, (CEQA), pursuant to CEQA Guidelines Section 15317, Class 17 (Open Space Contracts or Easements), which exempts the establishment of agricultural preserves and the making and renewing of open space contracts under the Williamson Act.
C. REVIEWING AGENCIES
1. San Mateo County Agricultural Advisory Committee
The Agricultural Advisory Committee heard this item at its September 9, 2024, public meeting and unanimously recommended approval of the Agricultural Preserve and Williamson Act contract.
2. San Mateo County Assessor’s Office
Comments from the Assessor’s Office are found under Section D of this report.
3. San Mateo County Controller’s Office
Comments from the Controller’s Office are found under Section D of this report.
4. San Mateo County Agricultural Commissioner’s Office
The Agricultural Commissioner’s Office verified that the subject property is being utilized in commercial agriculture operations.
5. Local Agency Formation Commission
The project was referred to the Local Agency Formation Commission pursuant to Government Code Section 51233 for the establishment of the agricultural preserve. The property is located within a rural area of San Mateo County and is not located within the service boundaries of a city or special district providing utilities, nor is it within a sphere of influence of a city or special district providing utilities.
The property is located within the boundaries of the Cabrillo Unified School District, San Mateo County Harbor District, San Mateo Flood Control and Sea Level Resiliency District, San Mateo Resource Conservation District, and Midpeninsula Regional Open Space District. The loss of property tax to all agencies in the tax rate area is evaluated in Section D, including impact to the County of San Mateo, County Structural Fire, school district, and property taxing special districts.
The resolution and contract have been reviewed and approved by the County Attorney’s Office as to form.
FISCAL IMPACT:
The Assessor’s and Controller’s Offices were a sent a referral requesting the estimated tax loss to the County resulting from approval of the project. Their calculations are presented in the two tables below, respectively. Prior to the 2009-2010 State budget, the State annually appropriated funds to partially offset the property tax loss to local government. Since that time, subvention funds have been eliminated from the budget. Although the State no longer provides subventions to local jurisdictions, the amount of tax loss resulting from the project is offset by the approximately 215 parcels exiting contracts and returning to standard tax assessment since 2007 as a result of both landowner and County initiated contract non-renewals (the majority of contract non-renewals concluded by 2020).
ATTACHMENTS:
A. Recommended Findings
B. Location and Vicinity Map
C. Site Plan
D. USDA Soil Map
E. Statement of Agricultural Uses